Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698945494382.pdf (Zambia)
THE POLICE-PUBLIC COMPLAINTS COMMISSION BILL, 2016 MEMORANDUM o The objects ofthis Bill are to- (a) provide for the membership, and financial management of the Police-Public Complaints Commission; functions, operations (b) provide a procedure for the initiation and investigation of complaints against police actions; and /e) provide for matters connected with, or incidental to, the foregoing.

L. KALALUKA, Attorney General 12, 2016 N.A.B.

19th April, 2016 Police-Public Complaints Commission [No.
of2016 3 THE POLICE-PUBLIC COMPLAINTS COMMISSION BILL, 2016 ARRANGEMEN'T' OF SECTIONS PART I PRELIMINARY PROVISIONS Section 1.

2.

3.

4.

Short title Interpretation PART 11 THE POLICE-PUBLIC COMPLAINTS COMMISSION Seal of Commission Functions of Commission 5.

Composition of Commission 6.

Proceedings of Commission 7.

Committees 8.

Emoluments 9.

Secretary and other staff 10.

Experts and assessors 11.

Disclosure of interest 12.


Prohibition persons of publication or disclosure of information to unauthorised 13.

Oath on appointment 14.

Immunity PART III ODGING AND HANDLING OF COMPLAINTS 15.

Lodging of complaint 16.

Limitation on lodging of complaint 17.

Making and continuing of complaint on behalf of complainant 18.

Receipt of complaint by principal officer 19.

Consideration of complaint N.A.B.

12, 2016 4 No.

of 2016] Police-Public Complaints Commission 20.

21.
21.

Search with warrant Findings of Commission 22.

Register of complaints PART IV HEARING 23.

24.

25.

Hearings Proceedings at hearings Evidence and procedure 26.

Hearings in relation to judicial proceedings 27.

Right of appearance of interested person 28.

29.

30.

31.

Powers of Commission Financial assistance for witness PART V FINANCIAL PROVISIONS Funds of Commission Financial year 32.

Accounts and audit 33.

Annual report 34.

35.

Privileged reports General offences 36.


Regulations PART VI GENERAL PROVISIONS 37.

38.

Rights, liabilities and obligations of Authority Legal proceedings and investigations 39.

Members of Authority 40.

Staff of Authority N.A.B.

12, 2016 Police-Public Complaints Commission [No.


of 2016 5 A BILL ENTITLED An Act to provide for the membership, functions, and financial management of the Police- operations provide a procedure Public Complaints Commission; for the initiation and investigation of complaints against police actions; and provide for matters connected with, or incidental to, the foregoing.

ENACTED by the Parliament of Zambia.

Enactment PART I PRELIMINARY PROVISIONS 1.


This Act may be cited as the Police-Public Complaints Short title 5 Commission Act, 2016.

2.
In this Act, unless the context otherwise requires Interpretation " associate" means- 10 15 20 (a) a person's nominee or employee; (b) a person's conjugal partner or former spouse; (c) a firm of which a person, or the person's nominee, in control of its business or affairs; is a partner or person in charge or (d) a company in which a person or the person's nominee, is a director or is in charge or in control of its business or affairs, or in which the person nominee, holds a controlling interest or shares amounting to more than thirty percent of the total share capital; or together with the person's (e) the trustee of a trust, where- (i) the trust has been created by the person; or N.A.B.
12, 2016 // 6 No.

of 2016] Police-Public Complaints Commission (ii) the total value of the assets the creation contributed by the person before or after the trust, amounts at any time, to not less than twenty percent of the total value of 5 the assets of the trust; of Cap.
107 "Authority" means the Police-Public Complaints Authority established under the repealed Part XA of the Zambia Police Act; " Chairperson" means the person appointed Chairperson 10 of the Commission under section five; " Commission" means the Police-Public Complaints Cap.

I Commission established by the Constitution; "complaint" means an allegation of police action; " Emoluments Commission" means the Emoluments 15 Cap.
I Commission established by the Constitution; " equivalent qualification" means a qualification is level or similar in that equal in function, value, significance, effect or function; Act No.4 of 2013 " higher education institution" means a higher education institution declared, established or registered as a higher education institution under the Higher Education Act, 2013; "member" means a person appointed as a member of the Commission under section seven~ 20 25 Cap.
I " oath" has the meaning assigned to it in the Constitution; " police action" means- (a) an act or omission constituting an offence by a police officer for purposes ofthis Act; or (b) the infliction of a serious injury on a person by 30 a police officer; " police officer" means a member of the Police Service " Police Service" means the Zambia Police Service established by the Constitution; "principal officer" has the meaning assigned to it in the 35 Local Government Act; Cap.

I Cap.

281 N.A.B.
I Cap.

281 N.A.B.

12, 2016 If Police-Public Complaints Commission [No.
of2016 7 " relative" means- (a) a person's son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and 5 (b) a person's spouse or the spouse of any of the persons mentioned in paragraph (a); " Secretary" means the person appointed Secretary of the Commission under section nine; 10 IS " serious injury" means a fracture, damage to an internal impairment ofbodily function, a deep cut, a deep carnal or unlawful harassment sexual organ, laceration, knowledge; " Vice-Chairperson" means the person appointed Vice- Chairperson of the Commission under section five; and " Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.
Act No.

13 of 2011 PART II THE POLICE-PUBLIC COMPLAINTS 20 3.

(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary.

Seal of Commission Chairperson or the Vice-Chairperson (2) The affixing of the seal shall be authenticated by the and the Secretary or any in that behalf by a resolution of the 25 other person authorised Commission.
or (3) A contract instrument which, into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without 30 seal on behalf of the Commission by the Secretary or any other person generally or specifically authorised by the Commission in that behalf.
if entered purporting (4) A document the seal of the Commission shall be received in evidence and shall be deemed to be so executed or further proof, unless the or issued on behalf of the Commission 35 issued, as the case may be, without to be under contrary is proved.

4.

(1) The functions of the Commission are as specified in the Constitution and to- of the Functions Commission Cap.

1 N.A.B.

12, 2016 8 No.

of 2016] Police-Public Complaints Commission Cap.
1 (a) investigate police action; (b) undertake inquiries into, or audit of, any aspect of police action; (c) ensure transparency police officers matters, the Constitution; and accountability by in the handling of criminal in accordance with the principles of 5 (d) take such steps and measures as are necessary for the efficient and effective handling of investigations and complaints under this Act; 10 (e) advise the Minister and the Police Service on the prevention and elimination of occurrence of police action; (f) cooperate with other institutions within and outside Zambia with similar functions; and 15 (g) perform any other functions conferred on the Commission by or under this Act or any other written law.
(2) The Commission may, in furtherance of its functions - (a) collect any information that it considers 20 necessary its functions under the Constitution and this Act; the performance for of (b) undertake consultations, hearings and inquiries for purposes ofperforming its functions under the Constitution and this Act; and 25 (c) receive written or oral statements from any for purposes of its person or organisation functions under this Act.

Composition Commission of 5.


(1) The Commission consists of the following fulltime members appointed by the President: 30 (a) the Chairperson; (b) the Vice-Chairperson; and (c) five other members.

(2) A person qualifies for appointment as the Chairperson or Vice-Chairperson hold, the office of judge ofthe High Court.

if the person has held, or is qualified to 35 (3) A person qualifies for appointment as a member if that person- N.A.B.

12, 2016 Police-Public Complaints Commission [No.


of2016 9 (a) holds a degree, or an equivalent qualification, from a higher education institution or a foreign whose institution education higher 5 10 qualifications Zambia Qualifications Authority; and are recognised by the (b) has at least ten years' experience in- (i) criminology; (ii) medicine; (iii) security;\ (iv) human resource management; or (v) law.
(4) A member shall hold office for a term of five years and may be reappointed for a further term of five years.

15 (5) A member who has twice held office is not eligible for re-appointment.
(6) The office of a member becomes vacant if the member- (a) dies; (b) resigns; (c) is absent, without reasonable excuse, from three consecutive meetings of the Commission of which the member has had notice without the approval of the Commission; (d) is adjudged bankrupt; (e) is convicted of an offence under this Act or to six law and sentenced for a period exceeding the option of a fine; any other written imprisonment months without (f) is removed by the President on grounds that the member dishonestly or fraudulently; or acted has dishonourably, (g) has a mental or physical disability which makes the incapable of performing the member duties of a member.
(7) A member may resign upon giving one month's notice to the President.

N.A.B.

12, 2016 20 25 30 35 10 No.

of 2016] Police-Public Complaints Commission (8) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.
(9) The President may, whenever the office of a member becomes vacant before the expiry of the term of office, appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office.

Proceedings of Commission 6.

(1) Subject to the other provisions Commission may regulate its own procedure.

of this Act, the (2) The Commission of business at least once in every three months at such places and times as the Commission may determine.
for the transaction shall meet (3) A meeting of the Commission may be called by the Chairperson upon giving notice of not less than fourteen days, and shall be called by the Chairperson if one third or more of the in writing, except that if the urgency of any members so request, the giving of such notice, a particular matter does not permit special meeting may be called upon giving a shorter notice.

5 10 15 (4) Four members shall form a quorum at a meeting of the 20 Commission.
(5) There shall preside at a meeting of the Commission (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and (c) of the Chairperson and the Vice- in the absence other member as the members Chairperson, present may elect for the purposes of that meeting.
such (6) A decision ofthe Commission on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person's deliberative vote.
(7) Where a member is for any reason unable to attend any meeting of the Commission, the member may, in writing, nominate another person from the same organisation to attend such meeting stead and such person shall be deemed to be a in that member's member for the purpose of that meeting.

12, 2016 N.A.B.

1/ 25 30 35 Police-Public Complaints Commission [No.
of 2016 11 (8) The Commission may invite a person whose presence is in its opinion desirable, in the deliberations of the meeting of the Commission, but that person shall have no vote.

to attend and to participate 5 (9) The validity of any proceedings, acts or decisions of the in the shall not be affected of the Commission in the of any member or by reason that any person not Commission membership appointment entitled to do so took part in the proceedings.
by any vacancy or by any defect 10 (10) The Commission shall cause minutes to be kept ofthe proceedings of every meeting of the Board and every meeting of any committee of the Board.

7.

(1) The Commission may, for the purpose of performing Committees its functions under this Act, establish such committees as it 15 considers necessary and delegate to any of those committees such of its functions as it considers fit.
(2) The Commission as members committee, persons who are or are not members, except least one member shall be a member of a committee.

may appoint of a that at 20 (3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.

(4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.

8.
8.

A member of the Commission or a committee of the Emoluments 25 Commission shall be paid such allowances as the Emoluments Commission may determine.

9.

(1) The Comm ission may, on such terms and conditions the Secretary of the Commission as it may determine, and other staff of the Commission as are necessary for purposes appoint Secretary and other staff 30 of this Act.
(2) The Secretary shall- 35 (a) be the chief Commission; executive officer of the (b) be responsible for the day-to-day administration and management of the Commission; (c) be an exofficio member of the Commission; and (d) perform the functions Secretary by, or under, conferred this Act.

upon the N.A.B.

12, 2016 1/ 12 No.

of 2016] Police-Public Complaints Commission Experts and assessors Disclosure interest of 10.
The Commission may, on such terms and conditions as it may determine, appoint suitably qualified persons as experts and assessors to assist the Commission in the performance of its functions under this Act.
11. at a meeting (1) A person who is present of the Commission or any committee at which any matter is the subject of consideration, and in which matter that person or that person's relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission in or the Committee otherwise directs, any consideration or discussion of, or vote on any question relating to that matter.
take part 5 10 (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes ofthe meeting at which it is made.

15 (3) A person who contravenes offence and is liable, upon conviction, two hundred thousand penalty units or to imprisonment term not exceeding two years, or to both.

subsection (1) commits an to a fine not exceeding for a of or to Prohibition publication disclosure of information unauthorised persons Oath on appointment Cap.

5 Cap.
5 Cap.

5 12. the consent, (1) A person shall not, without in writing, given by or on behalf ofthe Commission, publish or disclose to an unauthorised person, otherwise than in the course of duties of or that person, information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person's duties under this Act.
the contents of a document, communication (2) A person who contravenes offence and is liable, upon conviction, two hundred thousand penalty units or to imprisonment term not exceeding two years, or to both.
subsection (1) commits an to a fine not exceeding for a (3) A person who, having any information which to the knowledge of that person has been published or disclosed in of subsection contravention or (1), unlawfully the information to another person, commits an communicates to a fine not exceeding offence and is liable, upon conviction, two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

publishes 13.
publishes 13.

(1) A member of the Commission shall, on appointment, take an oath in accordance with the Official Oaths Act.

(2) The Secretary and staff of the Commission shall, on take an oath in accordance with the Official Oaths appointment, Act.

20 25 30 35 40 N.A.B.

12, 2016 1/ Police-Public Complaints Commission [No.

of2016 13 14.
of2016 13 14.

An action or other proceeding shall not lie or be instituted a member of a committee against a member of the Commission, of the Commission or a member of staff ofthe Commission for or in respect of an act or thing done or omitted to be done in 5 good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act.

Immunity PART III LODGING AND HANDLING OF COMPLAINTS 15.
(1) A person who has a complaint may lodge the Lodging of 10 complaint with the Commission.

complaint (2) A complaint shall be lodged with the Secretary or a principal officer of the local authority of the area where the incident giving rise to the complaint occurred.

(3) A complaint may be made orally or in writing and 15 addressed to the Secretary.
(4) A complaint shall- (a) bear the name, age and physical or postal address of the person making the complaint; 20 (b) contain a detailed statement ofthe facts of the incident giving rise to the of or circumstances complained complaint; and (c) be signed or bear the thumb-print of the person making the complaint.

(5) Where a complaint 25 complaint shall reduce it to writing.

is made orally, the recipient of the 16.


(1) A complaint shall be entertained under this Act if it is made to the Commission not later than one year from the day on which the person making the complaint first had notice of the matter alleged in the complaint.

Limitation on lodging of complaint 30 35 (2) The Commission may conduct an investigation pursuant to a complaint not made within the period prescribed in subsection (1) if it considers there are special circumstances which make it proper to do so.
that 17.

Where a person- (a) makes a complaint under this Act and dies; (b) makes a complaint and for any reason is unable to act for oneself after making the complaint; or Making and continuing of complaint behalf of complainant on N.A.B.

12, 2016 rf 14 No.
12, 2016 rf 14 No.

of 2016] Police-Public Complaints Commission (c) could have made a complaint but died before doing so or is for any reason unable to act for oneself; the complaint may be made or continued by the person's a member of the person's personal representative, family or other person suitable that person.

to represent Receipt of complaint principal officer by 18.

(1) A principal officer shall, within fourteen days of receipt of a complaint, submit the complaint to the Secretary.
(2) The Secretary shall, within twenty-one days of receipt and to the person lay the complaint before the Commission of a complaint, send a copy of the acknowledgement who made the complaint.

of receipt Consideration complaint of 19.

(1) The Commission shall, upon receipt ofa complaint under section fifteen, examine the police action which is the subject of the complaint and decide whether or not an investigation in relation to the complaint is warranted.
5 10 15 (2) The Commission may investigate a matter under this Act on receipt of a complaint or on its own initiative.
(3) The Commission may, in deciding whether to investigate, or continue or discontinue an investigation of, any police action, consider- 20 (a) the seriousness of the action, conduct or involvement to which the complaint relates; (b) whether or not the complaint is frivolous or vexatious; (c) whether or not the action, conduct or involvement to 25 which the complaint relates is or has been the subject or other action by any other of an investigation appropriate authority under any other written law; and (d) whether or not, in all the circumstances, the carrying out of an investigation for the purpose of th is Act in 30 relation to the complaint will disclose the commission or likelihood of the commission of an offence by a police officer.
(4) The Comm ission shall, where it determ ines that an into a complaint investigation shall carry out the investigation or whether the complaint should be referred to another appropriate authority for investigation or action.

is warranted, decide whether it 35 (5) The Commission may, for purposes of performing its N.A.B.

12, 2016 functions under this section- 1/ Police-Public Complaints Commission [No.
of 2016 15 (a) make such preliminary inquiry as it considers necessary; and (b) consult any other appropriate authority.

(6) The Comm ission may refer an offence that comes to its 5 notice in the course of an investigation under subsection (2) to another appropriate investigation authority or agency.
(7) A person who, vexatious complaint is liable, upon conviction, in bad faith, makes or to the Comm ission commits an offence and to a fine not exceeding seven hundred for a period not a frivolous 10 thousand penalty units or to imprisonment exceeding seven years, or to both.
(8) The Commission shall, where it decides to refer a matter a matter under the person who 15 made the complaint of the decision taken and the reason for that under subsection (4) or (6), or to discontinue in writing, subsection (3), immediately inform, decision 20. in the performance judge or magistrate.
(1) The Secretary or an officer of the Commission may, to a apply for a warrant of their duties, Search with warrant 20 25 30 35 (2) A judge or magistrate for a is made under subsection (1) may issue the warrant to whom an application warrant where- (a) there are reasonable grounds to believe that- (i) a person has failed to produce the documents required for purposes ofthis Act; (ii) a person has failed to answer any questions asked for purposes of an investigation or that the answer given toany question is false or misleading or incomplete; in a material particular (iii) it is not practicable to serve a notice on a person by reason of the fact that the person cannot be located or is absent from Zambia, or that an the service of a notice might prejudice investigation; or (b) there are reasonable grounds document or other thing relevant under the premises to which the warrant this Act is placed, deposited or concealed in to believe that any to an investigation relates.
N.A.B.

12, 2016 16 No.
of 2016] Police-Public Complaints Commission (3) A warrant issued under subsection (2) shall confer on the Secretary or an officer of the Commission power to-- (a) access all the books, records, returns, reports and other documents relevant to an investigation; (b)enter the and search, at any time, premises of any public or private body or any vessel, boat, aircraft or other conveyance, where the Secretary or officer has reasonable ground to believe that any property or thing relevantto an investigation has been placed, deposited or concealed therein; (c) search for and remove any document or other thing that may be relevant to an investigation; (d) where necessary, from documents take copies of any document or extracts the person executing the warrant believes on reasonable grounds may be relevant to an investigation; and that (e) where necessary, to require any person to reproduce, any in usable form, or to assist information recorded or stored in any form.
to reproduce, Findings of Commission 21.
(1) The Commission shall, upon completion investigation of a police action, prepare a report and submit findings and recommendations to-- of its its 5 10 15 20 (a) the Zambia Police Service Commission for action, as the case may require; (b) the Director of Public Prosecutions, where it finds that 25 an offence has been committed by a police officer; (c) the Inspector-General, administrative for disciplinary action or other action against the police officer; or (d) any other relevant body or authority, as the case may require.
(2) The report of the Commission to the Permanent Secretary of the Ministry responsible for home affairs for information.

shall be sent (3) The Commission shall inform the complainant, ofthe decision of the Commission in relation to the complaint.

in writing, 30 35 (4) An authority referred to in subsection (1) shall, within of to the thirty days from the date of receipt of the recommendation the Commission Commission on the action taken by that authority.

(1), make a report under subsection N.A.B.


12, 2016 1/ Police-Public Complaints Commission [No.

of2016 17 (5) An Authority which, without reasonable excuse, fails to comply with subsection (1) and (4), commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units.

5 22.

The Secretary shall keep and maintain a register of complaints in the prescribed form.

Register of complaints PART IV HEARlNGS 23.


(1) The Commission may hold hearings for the purpose Hearings 10 of conducting an investigation.

(2) The Commission may hold its hearings in public or in private, or partly in private as it considers appropriate.

24.

(1) The Commission at such places and times as the Chairperson or, in the absence of the the Vice-Chairperson may determine.
shall hold its hearings 15 Chairperson, (2) The Chairperson shall preside over the hearings of the the Vice- in the absence of the Chairperson, Commission Chairperson shall preside.

and, (3) The Commission shall, when hearing a matter, be duly 20 constituted if it consists of three members, which number shall include the Chairperson or Vice-Chairperson.
(4) The determination of a matter before the Commission shall be according to the opinion of the majority of the members considering the matter, except that- 25 30 (a) in the event of an equality of votes, the person presiding at the hearing shall have a casting vote in addition to a deliberative vote; and (b) where, in any matter before the Commission the issue the decision of the to be resolved is on a point oflaw, person presiding at the hearing shall prevail.
(5) A person appearing before the Commission may appear at the person's own in person or through a legal practitioner expense.

(6) Sections ten and eleven apply to hearings with the 35 necessary changes.

25.

(1) When conducting a hearing the Commission is not bound by the rules or practice of evidence and may inform itself on any matter in such manner as it considers appropriate.

Proceedings hearings at Evidence and procedure N.A.B.

12, 2016 1/ 18 No.
12, 2016 1/ 18 No.

of 2016] Police-Public Complaints Commission (2) The Commission shall conduct hearings with as little formality and technicality as is possible.

(3) The Commission may conduct hearings with as little emphasis on an adversarial approach as is possible and wherever possible, written submissions may be presented.

5 Hearings in relation to judicial proceedings Right of appearance interested person of Powers of Commission Financial assistance witness for 26.
Where the subject matter or is the subject matter of judicial proceedings, an investigation the Commission shall not commence or continue an investigation pending the final outcome ofthose proceedings.

of a complaint 27.

Where a person satisfies the Commission that the person in the subject matter of a the Commission may authorise the person to appear at has a substantial or direct hearing, the hearing or a specified part of the hearing.

interest 10 28.
interest 10 28.

(1) The Commission shall investigate a complaint referred to it under this Act or any other written law.
15 (2) The Commission may, by notice, require a police officer being investigated or any other person whom the Commission or documents has reason to believe may have information to an investigation to-- in writing, relevant (a) attend before the Commission and produce the 20 information, document or record as may be specified in the notice; (b) answer questions with respect to a police action being investigated by the Commission; (c) disclose information within that person's knowledge to an investigation by the Commission; or relevant 25 (d) produce for inspection specified in the notice.
any documents which are (3) A person summoned under subsection (2) shall be examined under oath and the oath shall be administered by the Chairperson.

30 29.

(1) Subject to subsection (2), a witness who appears before the Commission may be paid such reasonable expenses as may be determined by the Commission.
(2) The Commission may pay such reasonable expenses to a witness if it is satisfied that this is appropriate, having regard to-- 35 (a) the prospect of hardship to the witness if assistance is declined; and (b) any other relevant matter.

N.A.B.

12, 2016 1/ Police-Public Complaints Commission [No.

of 2016 19 PART V FINANCIAL PROVISIONS 30.


(1) The funds of the Commission shall consist of such monies as may- Funds of Commission 5 (a) be appropriated to the Commission by Parliament; (b) be paid to the Commission by way of grants or donations; or (e) vest in or accrue to the Commission.
(2) The Commission may, subject to the approval of the 10 Minister (a) accept monies by way of grants or donations from any source within or outside Zambia; and (b) raise by way of loans or otherwise, such monies as it may require for the discharge of its functions.
15 (3) There shall be paid from the funds of the Commission (a) the emoluments of the members and staff of the Commission; 20 (b) such travelling and other allowances for the members, the members ofa committee or staff of Commission when engaged on the business of the Commission, such rates as the Emoluments Commission may approve; and at (e) any other expenses incurred by the Commission in the performance of its functions under this Act.

25 31.
25 31.

The financial year of the Commission shall be a period Financial year of twelve months ending on 31 st December in each year.

32.

(1) The Comm ission shall cause to be kept proper books of accounts and other records relating to its accounts.

Accounts audit and (2) 30 by the AuditorGeneral The accounts of the Commission shall be audited annually by the or an auditor appointed AuditorGeneral.

(3) The Aud itorGeneral 's fees shall be paid by the Commission.

33.
33.

35 days after the end of the financial year, the Commission (1) As soon as practicable, later than ninety shall to the Minister a report concerning its activities during but not Annual report submit the financial year.

N.A.B.

12, 2016 20 No.


of 2016] Police-Public Complaints Commission The report (2) include referred to in subsection information on the financial affairs of the Commission and there shall be appended to the report (1) shall (a) an audited balance sheet; (b) an audited statement of income and expenditure; and 5 (c) such other information as the President may require.
(3) The Minister for finance shall cause to be prepared an annual statement of the income and expenditure of the Commission to be laid before the National Assembly.

responsible PART VI GENERAL PROVISIONS lO Privileged reports General offences or record made by a member 34.
A report, statement or other communication or record of a meeting, hearing, inquiry or proceeding of the Commission relating to the performance of its functions or a report, statement or other communication in the course of duty, and an purposes dispatched to application form, report or other communication of its the Commission functions, and in the possession of the Commission, is privileged and shall not be produced or compelled in any legal proceeding in writing, or a court so orders.
unless the Chairperson so directs, in connection with the performance of the Commission for the 15 20 35.
A person who- (a) knowingly makes, Commission, material particular investigation; or causes to be made, false testimony or false report to the in any on an offence or matter under 25 (b) knowingly misleads the Commission or any other officer of the Commission by giving any false information or statement or making a false allegation; (c) obstructs, assaults, insults, hinders or delays an officer 30 of the Commission powers conferred on the officer under this Act; in the lawful exercise of the (d) refuses or fails, without to give the Commission on request, any document or information required for purposes of this Act; reasonable cause, 35 (e) unlawfully influences a decision of the Commission or coerces the Commission to make a decision in favour of that person or another person; N.A.B.
12, 2016 1/ Police-Public Complaints Commission [No.

of2016 21 (j) fails to comply with a lawful summon, order or directive of the Commission or an officer ofthe Commission under this Act; or 5 10 or (g) destroys anything or prevents the seizure of any property or securing of commits an offence and is liable, upon two hundred to a fine not exceeding for a period or document documents; conviction, thousand penalty units or imprisonment not exceeding two years, or to both.

the property 36.
the property 36.

The Commission may, by statutory instrument, make for the better carrying out of the provisions of this regulations Act.

37.

15 by virtue of this Act and without (l) On or after the commencement there shall be transferred to, vest in and subsists against the Commission further assurance, all assets, liabilities and obligations which immediately before that rights, date were assets, rights, liabilities and obligations of the Authority.
of this Act, Regulations liabilities Rights, and obligations of Authority (2) Subject to subsection 20 which the Authority was a party immediately agreement, other than an agreement (1), every deed, bond and to the of this Act whether or not of such a nature that commencement rights, liabilities and obligations could be assigned shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this subsection, have effect service, before for personnel 25 as if- 30 35 (a) the Commission had been party to it; (b) for any reference to the Authority there was substituted, to anything falling to be done on or after to the of this Act, a reference with respect the commencement Commission; and (c) for any references to any officer of the Authority, not there being a party to it and beneficially interested, as respects anything falling to be were substituted, done on or after the commencement fo this Act, a reference to such officer of the Commission as it shall designate.
(3) Where under this Act, any assets, rights, liabilities and .

obligations of the Authority are deemed to be transferred to the Commission in respect of which transfer a written law provides in for registration, N.A.B.

12, 2016 shall make an application, the Commission 1/ 5 10 15 22 No.

of 2016] Police-Public Complaints Commission to the appropriate registration authority for registration writing, of the transfer.
(4) The registration authority, referred to in subsection (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferer concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.
Legal proceedings and investigations Cap.

107 Members Authority of Staff of Authority or commenced (1) Any investigations 38. instituted pending immediately before the commencement or against Commission.
and other the Zambia Police Act and of this Act by the the Authority, may be continued by or against legal proceedings under (2) The property, assets, rights, liabilities and obligations of the Authority existing immediately before the commencement of this Act shall vest the Commission, together with the rights, liabilities and obligations arising out of any contract or otherwise, as if this Act had not come into force.
20 in and subsist against Subject immediately before the commencement to the other provisions of this Act, a person 39. who, of this Act, held office as a member of the Authority shall continue to hold office as a member of the Commission until the expiry of the term.

40.

(1) A person who, before the commencement Act, was an employee of the Authority shall be transferred to the service of the Commission as an employee of the Commission as if employed under this Act.
of this 25 (2) The service of the persons referred to in subparagraph (1) shall be treated as continuous service.

30 (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the Authority before the commencement of this Act.

N.A.B.

12, 2016